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THE POSITION OF AMICUS CURIAE IN THE EVIDENTIARY PROCESS OF CRIMINAL CASES IN INDONESIA I Made Bima Cahyadi; Faizin Sulistio; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2666

This study examines the role of Amicus Curiae in the Indonesian legal system, particularly its impact on judicial decision-making despite the absence of explicit procedural regulations in the Criminal Procedure Code (KUHAP). Through qualitative analysis of landmark cases, including the Prita Mulyasari case, this research highlights how third-party legal opinions contribute to more just and transparent verdicts. The study identifies key challenges, such as inconsistent acceptance and limited awareness among legal practitioners, while also exploring potential frameworks for institutionalizing Amicus Curiae in both criminal and civil cases. By analyzing comparative legal perspectives and best practices from other jurisdictions, this research advocates for clearer guidelines to enhance its legitimacy and effectiveness in Indonesia. The findings underscore the necessity of formal recognition to strengthen judicial credibility, ensure fairness, and uphold fundamental human rights. Ultimately, institutionalizing Amicus Curiae would foster a more inclusive and participatory legal system, aligning Indonesia’s judiciary with global standards of legal justice and due process.

APPLICATION OF ARTICLE 27 PARAGRAPH (1) OF LAW NUMBER 1 OF 2024 ON ELECTRONIC INFORMATION AND TRANSACTIONS AND COMPARATIVE STUDY WITH MALAYSIA AND TURKEY Aji Malik; Yuliati; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3983

Article 27 paragraph (1) of Law Number 1 of 2024 concerning Electronic Information and Transactions remains a subject of debate due to the ambiguity in defining the term “decency,” which opens room for multiple interpretations and potentially hampers digital freedom of expression guaranteed under Article 28E paragraph (3) of the 1945 Constitution of the Republic of Indonesia. This normative tension becomes more evident through cases of digital expression that are classified as violations of decency, even when they take the form of satire or political criticism. This research aims to analyze the application of Article 27 paragraph (1) in Indonesian legal practice, assess its consistency with the principle of freedom of expression, and compare it with the regulation of decency norms in digital law in Malaysia and Turkey. The research employs a normative juridical method with statutory, conceptual, case, and comparative approaches, using primary data in the form of legislation and legal cases, as well as secondary data from literature and expert opinions. The findings show that the application of Article 27 paragraph (1) tends to be subjective, creates a chilling effect, and is disproportionate to the objective of protecting public morality. A comparison with Malaysia and Turkey demonstrates that decency norms can be formulated more clearly with strict limitations on obscene content without criminalizing political expression. These findings indicate the need for a reformulation of decency norms in the Electronic Information and Transactions Law to align with the principles of proportionality and the protection of digital freedom of expression.

FORMS OF JUSTICE AND CRIMINAL LEGAL PROTECTION FOR CHILDREN THROUGH DIVERSION IN THE FUTURE Darwanto; Sudarsono; Abdul Madjid; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4549

Children are a gift from God Almighty, potentially as the next generation to continue the ideals of the struggle of the Indonesian nation, so that they have the right to survive, grow and develop. For this reason, children are considered to need to be given physical and spiritual protection, because every child who is in conflict with the law is always sentenced to imprisonment, even though imprisonment has not gained the trust of the community, thus causing problems. The background underlying this writing is the application of diversion in resolving cases involving children as perpetrators of criminal acts who are sentenced to more than 7 years. Concretely, the problem raised in this writing is how the form of child justice protection through diversion and how the legal regulations on diversion in Indonesia are just. This writing uses a normative research method with a statute approach. Through analysis with this method, it can be seen that the provisions of diversion which are legally regulated in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System have been able to be carried out starting from the investigation stage and the results of the diversion agreement are issued in the form of a Court Decision, and there is an expansion of several articles in the Republic of Indonesia Law Number 11 of 2012 concerning the Juvenile Justice System which is further regulated in the Regulation of the Supreme Court of the Republic of Indonesia Number 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Criminal Justice System. However, in the continuation regulated by Perma Number 4 of 2004, it does not explicitly regulate the maximum criminal limit for juvenile criminals set above 7 (seven) years

RECONSTRUCTION OF A REHABILITATION APPROACH FOR VICTIMS OF DRUG ABUSE WITH COMMUNITY-BASED INTERVENTION WITH JUSTICE VALUES Kevin Krissentanu Winner; Milda Istiqomah; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4670

The method of handling victims of drug abuse can be done through community-based rehabilitation with therapy methods using a psychosocial approach. Community-based Social Rehabilitation still faces challenges in its implementation. The purpose of this study is to reconstruct the rehabilitation approach for victims of drug abuse with community-based interventions with justice values in order to provide legal protection to victims of drug abuse and reform the Indonesian narcotics criminal law . The research method used is legal research with a statutory regulatory approach, a comparative approach, and a conceptual approach. Based on the research that has been done, it is known that regulations regarding the rehabilitation of victims of drug abuse with a community-based intervention approach still require synchronization of cooperation between the National Narcotics Agency and Regional Governments. because the implementation of community-based interventions without involving Regional Apparatus Organizations causes suboptimal gradual handling programs for victims of drug abuse. In addition, there is an urgency to carry out reconstruction based on the principle of justice referring to the purpose of rehabilitation as treatment or care for drug addicts, so that addicts can recover from their addiction to narcotics.

LEGISLATION AND IMPLICATIONS OF ARTICLE 54 PARAGRAPH (2) OF THE KUHP CONCERNING THE LAW OF PARDON IN CRIMINAL PROVISION IN INDONESIA Debora Oktarina Sihombing; Yuliati; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4755

Law Number 1 of 2023 concerning the Criminal Code (KUHP) introduces the concept of rechterlijk pardon or judicial forgiveness in Article 54 paragraph (2). This provision grants judges discretionary authority to release perpetrators from criminal penalties by considering the severity of the act, the perpetrator's personal circumstances, or the circumstances after the crime, as long as they take into account a sense of justice and humanity. This article aims to analyze the legal ratio and practical implications of Article 54 paragraph (2) of the Criminal Code by reviewing the philosophical, sociological, and legal foundations of the birth of this norm. The research method used is normative juridical with a statutory, case, and comparative approach. The results of the study indicate that this provision is a correction to the overly rigid principle of legality while also opening up space for judges to balance legal certainty, justice, and expediency. The implication is that judges have broader discretion to uphold substantive justice, including integration with the values of restorative justice. However, without clear technical guidelines, this provision has the potential to give rise to subjectivity and disparity in decisions. Therefore, the effectiveness of the application of Article 54 paragraph (2) of the Criminal Code is very dependent on the consistency of the judge's interpretation, the existence of implementing regulations, and adequate supervision.

LEGISLATION AND IMPLICATIONS OF ARTICLE 54 PARAGRAPH (2) OF THE KUHP CONCERNING THE LAW OF PARDON IN CRIMINAL PROVISION IN INDONESIA Debora Oktarina Sihombing; Yuliati; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4798

Law Number 1 of 2023 concerning the Criminal Code (KUHP) introduces the concept of rechterlijk pardon or judicial forgiveness in Article 54 paragraph (2). This provision grants judges discretionary authority to release perpetrators from criminal penalties by considering the severity of the act, the perpetrator's personal circumstances, or the circumstances after the crime, as long as they take into account a sense of justice and humanity. This article aims to analyze the legal ratio and practical implications of Article 54 paragraph (2) of the Criminal Code by reviewing the philosophical, sociological, and legal foundations of the birth of this norm. The research method used is normative juridical with a statutory, case, and comparative approach. The results of the study indicate that this provision is a correction to the overly rigid principle of legality while also opening up space for judges to balance legal certainty, justice, and expediency. The implication is that judges have broader discretion to uphold substantive justice, including integration with the values of restorative justice. However, without clear technical guidelines, this provision has the potential to give rise to subjectivity and disparity in decisions. Therefore, the effectiveness of the application of Article 54 paragraph (2) of the Criminal Code is very dependent on the consistency of the judge's interpretation, the existence of implementing regulations, and adequate supervision.

Protection of Third Party Preferential Rights in the Confiscation of Corruption Crime Assets in Indonesia Rini Purwandari; Shinta Hadiyantina; Bambang Sugiri
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): International Journal on Language, Research (Law) Education Studies
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.26000

Corruption in Indonesia is not only understood as a criminal act that harms state finances, but also as a violation of human rights, especially when assets resulting from corruption are confiscated but are found to be controlled by third parties acting in good faith. This study aims to analyze the meaning of legal regulations related to the protection of third-party preferential rights and to formulate an ideal regulatory concept for the future. Using a prescriptive-analytical normative juridical method, this study examines legislative approaches, case studies, and court decisions. The results show that the existing legal framework, including the PTPK Law and Supreme Court Regulation No. 2 of 2022, does not provide comprehensive guarantees for the rights of third parties. The case studies of Bank Jatim and PT Sritex reveal a legal vacuum in practice, where legitimate secured creditors remain vulnerable when assets are confiscated. This study concludes that without clear and synchronized regulations, asset seizure has the potential to create new injustices, undermine public trust, and disrupt legal certainty in economic activities. Therefore, the reconstruction of more adaptive and transparent regulations is an urgent need to balance the interests of the state in asset recovery and the protection of bona fide third parties.

The Nature of Homeless Media in Law No. 40 of 1999 on the Press: A Perspective from the Theory of Legal Certainty Dian Arlesti Lukman; Prija Djatmika; Bambang Sugiri; Yuliati Yuliati
Baileo: Jurnal Sosial Humaniora Vol 3 No 3: May 2026
Publisher : Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30598/baileofisipvol3iss3pp866-873

This article examines the nature of homeless media in Law No. 40 of 1999 on the Press through the perspective of legal certainty theory. The research method used is normative legal research with legislative, conceptual, and comparative approaches. The results show that homeless media media entities that substantively perform journalistic functions but lack formal legal status under the Press Law are essentially entities experiencing normative dissonance: their functional capacity as journalistic actors exceeds the available legal recognition. This dissonance stems from three structural weaknesses in the Press Law: the institutional bias of the legal entity requirement in Article 9(2), the temporal limitations of the 1999 regulation, and the absence of a mechanism for gradual recognition. Using Fuller’s eight criteria of the “inner morality of law” as an analytical framework, this study identifies that these conditions violate the criteria of generality, clarity, and congruence, resulting in three-dimensional legal uncertainty: regarding rights, obligations, and dispute resolution forums. This study concludes that the issue of “homeless media” is fundamentally a regulatory failure to respond to the diversity of the digital media ecosystem, not merely a matter of non-compliance by media actors. A reformulation of the Press Law that prioritizes a recognition-based approach grounded in journalistic functions is an urgent constitutional necessity.

CHANGES IN POLICY DIRECTION AND LEGAL CONSEQUENCES LAW NO. 17 OF 2023 CONCERNING HEALTH ON ABORTION ISSUES IN THE TRANSITION PERIOD FOR RENEWING THE CRIMINAL CODE Novi Enjelina Putri; Abdul Madjid; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1442

This research began with confusion regarding changes in the direction of legal regulatory policies regarding abortion in Indonesia. This is proven by the amendment to the Health Law Number 17 of 2023 which is part of the health omnibus law, which can result in multiple interpretations because it refers to the criteria specified in the criminal code. However, it is not explained which criminal law book will be used, which could create gaps in the application of criminal law in cases of legal abortion in Indonesia. The possibility of interpretation in determining the criminal law book is due to the transition period for the implementation of the new criminal law book, namely Law Number 1 of 2023, which will still come into force in 2026. The difference in the policy direction of the old criminal law book and The new one is very significant because the new one regulates the exceptions to which abortion can be carried out, whereas the old one does not see any reason and categorizes abortion as a criminal offense and will be subject to imprisonment for those who violate it. These differences in provisions will certainly have quite different legal consequences if the legal regulations are incorrectly applied in dealing with the issue of legal abortion in Indonesia. If they are incorrect then the disadvantage is the pregnant mother who has the right to abortion. This research uses normative legal research by looking at conceptual approaches and also legislation. With the aim of seeing how the legislation regarding abortion continues to undergo changes and the legal consequences that arise from these policies.

Repositioning the Criminal Policy on Doxing as a Criminal Act in Indonesia Rafid Ihsan Lubis; Patricia Audrey Ruslijanto; Bambang Sugiri
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 4 (2026): on Progress
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i4.5563

Under Indonesian law, there are no specific regulations governing the criminal offense of doxing. The criminal act of doxing is categorized as a violation of personal data, which is linked to the Personal Data Protection Act (PDP Act) and the Electronic Information and Transactions Act (ITE Act). Given this situation, this study was conducted with the aim of identifying and analyzing the criminal law policy regarding the formulation of the criminal act of doxing, as well as to identify and analyze the fulfillment of the criminalization parameters for the criminal act of doxing and the prospects for its regulation in the future. The research method employed is a normative legal approach, utilizing legislative analysis, conceptual analysis, philosophical analysis, and casuistic analysis. The data used in this legal research consists of secondary data, comprising primary, secondary, and tertiary legal materials. The findings of this thesis indicate that criminal law policies in defining the criminal offense of doxing must be examined from philosophical, sociological, historical, and comparative perspectives. In its formulation, the aim must be to create effective policies that focus not only on enforcement but also on prevention and rehabilitation. Furthermore, in its implementation, this policy must remain adaptable to the evolving times. Another finding of the study concerns the criminal act of doxing, which can be interpreted as an act that does not yet meet the parameters of criminalization—namely, legality, subsidiarity, and equality before the law. Based on this, the criminal act of doxing can be categorized as an offense requiring separate regulation. The formulation of the criminal offense and the sanctions that may be imposed must meet the criteria for criminalization. The criteria for criminalization must be used to assess the extent of the success of the formulation of criminal acts and the corresponding criminal sanctions to be established.

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